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(영문) 창원지방법원 밀양지원 2016.02.05 2015고합46
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2014, the defendant is the father of the victim who reported the marriage with the parent D of the victim C (V, 15 years old) on October 15, 2014.

On August 2015, the Defendant: (a) Findingd and drinking in the Defendant’s residence located in Gyeong-gun; and (b) seed and drinking in the Defendant’s residence.

D The lockers and persons who sleep together in the inner room had expressed their sexual desire against the victims.

The defendant, who was able to sleep in the inner bend of the victim's body, has the victim be put in a panty of the defendant by putting the victim's hand into the panty of the defendant. The defendant continued to have the sexual organ of the defendant in the same manner, even though the victim walked from the lock, walkeds, and deducted his hand.

Accordingly, the defendant committed an indecent act by force against a minor who is a relative or minor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D or F (victim's speech);

1. Stenographic records of the victim or video recorded by the victim;

1. An expert opinion on sexual assault case;

1. Investigation report (as to attachment of the victim C, such as a letter of complaint filed by the victim's mother and a certificate of marriage), an investigation report (as to attachment of the victim C);

1. Application of Acts and subordinate statutes to report internal investigation (at the time of dispatch of a police officer to the scene of 112 report - Attachment of the table for handling cases to 112 report);

1. Article 5 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of being punished for committing sexual assault until now).

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